(1.) The present appeal has been filed by the convict/ appellant-Sachin against the judgment of conviction dated 03.02017, whereby the appellant has been convicted under Section 302, 364 and 201 of the IPC, and against the order on sentence dated 18.02017 whereby the appellant has been sentenced to imprisonment for life along with fine of Rs.5,000/- and in default of payment of fine to further undergo three months simple imprisonment for the offence punishable under Section 302 IPC; to undergo rigorous imprisonment for ten years with fine of Rs.1,000/- and in default of payment of fine to further undergo simple imprisonment for 15 days for the offence punishable under Section 364 IPC; and to undergo rigorous imprisonment for three years with fine of Rs.1,000/- and in default of payment of fine to further undergo simple imprisonment for 15 days for the offence punishable under Section 201 IPC.
(2.) The factual matrix emerging from the record is that on 31.08.2013, the complainant Sana came to the police station and reported to SI Gaurav regarding missing of her son Sahil aged about 7 years. Her statement was recorded in which she stated that on 31.08.2013 at about 11 a.m., her son Sahil was playing in the temple situated in front of her house. At about 12 noon when she went to the temple to look for her son, she could not find him. She tried to search for her son but he could not be found and she raised suspicion that someone had taken her son. She gave the description of her child and the clothes he was wearing. She disclosed that he was wearing blue colored slippers in his feet. On the basis of statement of the complainant, FIR was registered under Section 363 IPC.
(3.) During investigation, on 02.09.2013 at about 11.25 hours, a PCR call vide DD No.23A was received with regard to recovery of a dead body lying in a cooler of Shiv Durga Mandir which turned out to be that of Sahil. SI Gaurav reached the spot. Crime team was called and the spot was got inspected. Photographs of the spot were taken. The dead body of the boy was sent to the mortuary. The cooler was seized and after conducting postmortem, the dead body was handed over to his parents. Thereafter, penal sections 302/201 IPC were added in the present case.
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